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HomeMy WebLinkAbout2000 - MINUTES - 6/21/2000 CITY OF PALM SPRINGS CITY COUNCIL MINUTES June 21, 2000 ' A Regular Meeting of the City Council of the City of Palm Springs, California, was called to order by Mayor Kleindienst, in the Council Chamber, 3200 Tahquitz Canyon Way, on Wednesday, June 21, 2000, at 5:30 p.m., at which time, the City Attorney announced items to be discussed in Closed Session, and at 7:00 p.m., the meeting was convened in open session. ROLL CALL: Present: Councilmembers Jones, Hodges, Oden, Reller-Spurgin, and Mayor Kleindienst Absent: None The meeting was opened with the Salute to the Flag, and an invocation by Reverend David Pelletier, Metropolitan Community Church. REPORT OF POSTING OF AGENDA: City Clerk reported that the agenda was posted in accordance with Council procedures on June 16, 2000. REPORT OF CITY ATTORNEY ON MATTERS DISCUSSED IN CLOSED SESSION (All Entities) - See items on Page 7 of agenda this date. PRESENTATIONS: Finance Dept Financial Reporting Award & 911-Dispatch Award HOUSING AUTHORITY: INDUSTRIAL DEVELOPMENT AUTHORITY: FINANCING , AUTHORITY: - No Business COMMUNITY REDEVELOPMENT AGENCY: Mayor declared the meeting adjourned for the purpose of convening as the Community Redevelopment Agency; after which, the meeting was reconvened as the City Council. PUBLIC COMMENTS: Comment on Item 27: Dick Sroda, Palm Springs, stated that 95% of the people who responded to the: Desert Sun opinion poll said a 45% raise to the Council was unwarranted; that if the Council feels it needs an increase the matter should be put to the voters; that the mobile home people do not support the matter; and that an affirmative vote is political suicide. Comment on Item 20: Mac Villines, 2275 Calle Conejera, requested Council consideration of waiver of fees for the Chamber of Commerce golf tournament; that this is the first year for such a request and that the tournament will be a large fundraiser for the; organization. Council Minutes 06-21-00,Page 2 ' Comments on Item 23: John Connell, Palm Springs, stated that letters had been submitted to the police regarding the drugs, gangs and prostitution occurring at this location; that notice is hereby given that the City needs to act on the matter to prevent an accident or injury; that this matter keeps coming up and nothing is done to resolve the issue; and in his opinion, the Council needs to do the right thing and get rid of the structure. Jennifer Cushotie, realtor, stated that the Chuckwalla building is an eyesore; that it is a detriment to the area; that the homeowners are suffering for lack of resale possibilities; and that the owners of the property should be forced to do something and be held responsible. Comments on matters not on the Agenda: Fred Ebeling, Palm Springs, stated his telephone number as 318-3311 for those constituents that need to call him; and compared the City of Palm Springs' employees to the City of Newport's employees. Jim Stuart, Palm Springs, stated that he does own apartments within the City; that the vacancies are in great demand; that more apartments are needed in the City; that that there have been changes to the Council; that those changes were ' needed and have benefited the City; that the Council is entitled to a raise and should be granted one; that the Interim City Manager deserved the City recognition and appreciation for once again filling in the gap for the City when needed. APPROVAL OF CONSENT AGENDA: Item 1 thru 21. Councilmember Jones requested items 18, 19 and 20 be separated for full discussion. It was moved by Reller-Spurgin, seconded by Oden and unanimously carried, that items 1 through 21, excluding 18, 19 & 20, be adopted. CONSENT AGENDA: Review by City Manager of Consent Items to be clarified. 1. Approval of Minutes for May 17 & 31, 2000. 2. MO 6633 concurring with CRA B, for approval of an agreement with Jerry Ogburn dba Redact for fiscal year 2000-01 for continuation of the Village of Palm Springs Development Center, not to exceed $140,000. A4234. /./V Council Minutes 06-21-00,Page 3 3. MO 6634 approving the purchase of mobile satellite telephone equipment from ' Nida Companies of LaCrescenta, for City's disaster preparedness program for $20,115.97. 4. MO 6635 approving purchase of two thermal imaging cameras from Allstar Fire Equipment for use in firefighting and rescue activities throughout the City and airport for$46,332.50. 5. MO 6636 approving agreement with John R. Trueblood for architectural design services related to ARFF facility expansion, not to exceed $66,000. A4235. 6. MO 6637 ratifying emergency purchase order issued to Airport Concession Consultants (ACC) to develop and implement a revised DBE program for the Palm Springs International Airport, not to exceed $12,000. 7. MO 6638 approving purchase of preventative maintenance for printing equipment from A.M. Multigraphics on a term of one year for$19,395.00. 8. MO 6639 approving Amendment#5 to A4089 with Interactive Design Corp. for architectural design services for the Police Department Basement remodel for $1,390. A4089. 9. Res 19807 declaring intent to vacate right, title and interests in a portion of the right-of-way dedicated for Paseo De Anza between Via Escuela and Racquet , Club Road and setting hearing on July 19, 2000, Section 2 T4S, R4E, File R-97- 017. 10. Receive for filing report regarding Street Lighting Maintenance Districts SLMD 1 and 2. 11. Res 19808 declaring intent to levy and collect annual assessments for 1999-00, and setting July 19, 2000, for hearing thereon for Street Lighting Maintenance District SLMD 3. 12. Res 19809 declaring intent to levy and collect annual assessments 14or 1999-00, and setting July 19, 2000, for hearing thereon for Street Lighting Maintenance District SLMD 4. 13. Res 19810 declaring intent to levy and collect annual assessments for 1999-00, and setting July 19, 2000, for hearing thereon for Parkways Maintenance District PMD 6A, 6B and 6C. 14. Res 19811 declaring intent to levy and collect annual assessments for 1999-00, and setting July 19, 2000, for hearing thereon for Parkways Maintenance District PMD 7. Council Minutes 06-21-00,Page 4 15. Res 19812 declaring intent to levy and collect annual assessments for 1999-00, and setting July 19, 2000, for hearing thereon for Parkways Maintenance District PMD 8. 16. Res 19813 declaring intent to levy and collect annual assessments for 1999-00, and setting July 19, 2000, for hearing thereon for Parkways Maintenance District PMD 9. 17. MO 6640 selecting Coffman Associates as the Airport's Master Plan Update Consultant; and authorizing negotiation of a contract for Council approval. 18. See Extended Consent Agenda below. 19. See Extended Consent Agenda below. 20. See Extended Consent Agenda below. 21. Res 19803, 19804, 19805 and 19806 approving Payroll Warrants and Claims & Demands. Note abstentions, if any: Councilmember Warrant# Payee Particular Nature of Conflict ' Hodges 954360 DWA Client of Employer 954361 954381 Foster 954384 G & M Const 954475 Pref Plumb Reller-Spurgin 954512 Spurgin Spouse EXTENDED CONSENT AGENDA: 18. MIZELL SENIOR CENTER GOLF TOURNAMENT Recommendation: That the Council consider waiving greens and cart fees for the Mizell Senior Center Golf Outing 2001 at the Resort Course of Tahquitz Creek Golf Resort on Wednesday, February 21, 2001. 19. PALM SPRINGS YOUTH CENTER GOLF TOURNAMENT Recommendation: That the Council consider waiving greens and cart fees for the Palm Springs Youth Center Annual Golf Tournament at the Resort Course of Tahquitz Creek Golf Resort on Monday, November 20, 2000. Council Minutes 06-21-00, Page 5 20, PALM SPRINGS CHAMBER OF COMMERCE GOLF TOURNAMENT ' Recommendation: That the Council consider waiving greens and cart fees for the Palm Springs Chamber of Commerce Annual Golf Tournament at the Resort Course of Tahquitz Creek Golf Resort on Thursday, September 21, 2000. Director of Facilities reviewed the staff reports for all three proposed events; and added that all were in compliance with Council policy; that the policy governing waivers was set by the Council in November, 1999; that the criteria was unclear up to that time; that all are non-profit, all request the waiver during the timeframe of Monday through Friday; that each group has agreed to provide financial reports within 60 days of the event; and that if any of the guidelines are violatedl, the group will be denied in the future. Councilmember Reller-Spurgin clarified that all tournaments are held during the weekdays of Monday through Thursday; and questioned the time frame for the event to be held in September. Director of Facilities stated that the time would be tight; but the window of 13- week notification set forth by the Council was met; and that: the Parks & Recreation Commission approved all the events. Councilmember Oden stated that the organizations were not only non-profit, but , do a lot for our Community. Minute Orders 6641, 6642 and 6643 were presented; after which, it was moved by Reller-Spurgin, seconded by Oden, and unanimously carried that MO6641, 6642 and 6643 be adopted. PUBLIC HEARINGS: 22. FIRE STATION #1 277 Indian Canyon HSPB 39 Recommendation: That the Council designate Fire Station #1, located at 277 N. Indian Canyon, as a Class 1 Historic Site. Director of Planning & Building reviewed the staff report and added that alternative sites are being proposed for the relocation of the Fire Station. Mayor declared the Hearing open. 1 Council Minutes 06-21-00, Page 6 The following persons spoke on behalf of designating Fire Station #1 as a Class 1 Historic Site. William Kopelk, 2399 Carillo Rd. Joy Newman, 1424 N. Palm Canyon Dr. Brad Dunning, 844 Riverside Jay Nailor, 419 E. Valmonte Courtney Newman, 1426 N. Palm Canyon Dr. Tony Merchell, 625 Midvale, Los Angeles Peter Moruzzi, 1056 San Lorenzo Jim Isermann, 330 E. Molino Bonnie Ruttan, 1111 Abrigo Rd. Catherine Meyler, 3423 Ben Lomond, Los Angeles Bradley Tuck, 507 Avenida Caballeros Nickie McLaughlin, 1050 E. Palm Canyon Chris Menrad, 1070 Apache Rd. Steven Samiof, 1272 Verbena Dr. Dr. Eric Williams, on behalf of Janice Lyle, Desert Museum Eric Meeks, 1450 E. Mesquite Avenue There being no further appearances, Mayor declared the hearing closed. ' Councilmember Hodges stated that the Council did appreciate all who appeared at the hearing to speak; that Palm Springs is famous for golf courses, tennis and now we have something extra, that the persons speaking in favor of the designation said it all; that Fire Station #1 is an excellent example of Albert Frey's architecture; that if the City has need to relocate the members of the Fire Department to a new location to better serve the City, that it must be done; and suggested that the original station be designated as a Class 1 and be used as a museum of architecture. Councilmember Oden stated that it is exiting to be a part of making history in the City; that several years ago the Tramway Gas Station went through the designation process and this is the result of what could happen; that Palm Springs is known for golf, tennis, hillside, and quality of life issues, but that when Fire Station #1 is looked at it adds an historic element to the City; that it would be beneficial to have the Station converted to a museum; that this is another example of the diversity of activities and amenities that the City has to offer; and added that he is glad to see the matter before the Council and requested that a list of possible historic site designations be provided to the Council. Councilmember Reller-Spurgin stated that it is appropriate to designate the site as a Class 1 historic site particularly since the City does own the site. Council Minutes 06-21-00, Page 7 Councilmember Jones stated that although he is not a modernist, he is likewise ' not against modern architecture; that once the building is pulled down the historic value is lost forever; and expressed his favor of protecting the property. Mayor Kleindienst stated that the history of Palm Springs is incredible; that architecture is not based on one style; that the different styles of architecture could be debated as to likes or dislikes; that Frey's architecture is simple in design; that the design dealt in few materials and were kept in the purest sense; that modern architecture was quality structures with a simple budget; that the architecture was not ornate, but raw, stark and simple; that there is a long list of Frey's work in Palm Springs; that much of the work has been remodeled or demolished; that the question before the Council is: is this site significant enough that it should be maintained as an historic site of Frey's work; that there have been a number of discussions concerning renovation of the building or use as possible parking for the downtown area; that the building needs a lot of work to remain a working fire station; but that tonight the question before the Council is whether to preserve the building as a Class 1 historic site. Resolution 19814 as recommended was presented; after which, it was moved be Oden, seconded by Jones and unanimously carried that R19814 b:: adopted. 23. NUISANCE ABATEMENT— 635 East Chuckwalla Road Recommendation: That the Council find the building at 635 E. Chuckwalla Road , to be a public nuisance and order the abatement thereof. Director of Planning & Building reviewed the staff report and added that as of 8 a.m. today, the building was not secured; that there is evidence of activity in and around the building; that the building is in disrepair; that photographs have been submitted for Council review; that should the Council chose to approve the resolution, the owner will have 30 days to restore the property or it will be razed; and that there have been no plans submitted regarding the restoration of the building. Mayor clarified location of the building as on the corner of Miraleste and Chuckawalla, near the old Bel-air. Mayor declared the hearing open. Gary Yates, owner, stated that he currently resides in Muririeta; that his possession of the building was 3 — 4 months ago; that the building has had a history of problems; that it is the intent of the new owners to rehab the building; that other properties have been bought in Palm Springs and those rehab plans have been submitted to the City for review; that he is also interested in purchasing the property across the street from this property; and that if his offer is accepted by the seller, the intent would be to rehab both, _properties in conjunction. ' Council Minutes 06-21-00,Page 8 John Connell, Palm Springs, stated that Mr. Yates was on the property 7 months ago; that at that time there was indications that they could work together; that plans were made to build a wall; that Mr. Yates was not heard from again; that there is something strange going on; that there have been no plans submitted; that the property is a health hazard; that the neighbors should not have to tolerate this situation; that the Council needs to do the right thing by its citizens; that the police have continuous response to the site; that many opportunities have been given to allow the property to be rehabbed, but nothing has been done; and that it is time for the Council to take action on this property and have it abated. There being no further business, the hearing was closed. Councilmember Reller-Spurgin stated that the Council needs to stay true to its goal; that the goal is to alleviate substandard properties; that the building is dangerous and hazardous to children; and that the Council needs to act. Councilmember Oden stated that nuisance buildings such as this are an attraction to children; that the Council is responsible for keeping the community safe; that the only concern is why this has taken so long; that hopefully in the future these problems will come before the Council more expediently. ' Mayor Kleindienst stated that the Chuckwalla area has been the focus of recapturing our neighborhoods for some time; that while it does take time to follow all the procedures, the Council must be certain that each process is fully adhered to; and that in his opinion it is better to see cleared lots than run down buildings. Resolution 19815 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Oden and unanimously carried that R19815 be adopted. COMMENTS/ANNOUNCEMENTS/INTERAGENCY REPORTS: Mayor and Councilmembers reported on various civic and community organizational meetings and events which they attended, subsequent to the last regular meeting, and announced upcoming events of community interest. 1 LEGISLATIVE ACTION; 24. 2000-01 FISCAL YEAR BUDGET Recommendation: That the Council approve the budget for fiscal year 2000-01. Council Minutes 06-21-00, Page 9 Assistant City Manager stated that the proposed budget has been in review for ' the past four months; that most of the numbers are in place; that all employee negotiations have not been completed, but that there has been funds set aside to complete the process; that there may be some changes to the budget when those negotiations have been completed; that before the Council is the proposed budget to include approval of the Memorandum of Understanding with exempt and special personnel. Councilmember Hodges stated that while she has no questions on the budget, at the last meeting reference was made to include funding for the Historic Site designation survey; that the funding was to be approximately $25,000; that the funding is not in the budget; and that the Council should review the allocation at the next quarterly review. Mayor Kleindienst stated that many projects that are funded through the City are not in the budget, but are in fact funded by the City; that the playground equipment at Ruth Hardy Park is one example; that the equipment:, which is ADA compliant was funded through CDBG funds; that at the last meeting an organization did request funding to assist in its operations; and questioned the status of the request. Assistant City Manager stated that the request would be included in the next quarterly review. ' Councilmember Oden stated that the specific requests to be reviewed at the next quarterly review are requests by Mizell Senior Center, the Palm Springs Youth Center and Bureau of Tourism. Councilmember Jones stated that he is concerned about allocating funding on projected revenue; that the budget is based on spending money that the City does not have, but is projecting to get; that it is an uncomfortable situation; that if the economy takes a down turn, the City could be in trouble; that: it is difficult to cut programs; that if a new program is started it should produce revenue, not spend revenues; that the Council is limited in that it cannot raise taxes if more revenue is needed; that the budget is difficult to read; that it is not clear what its allocated in each department; and that when the numbers are examined, in hits opinion, it is not a good practice to spend all the revenue coming into the City. Mayor questioned what direction Councilmember Jones would like to give. Councilmember Jones stated that each time he makes a suggestion there is a 4 to 1 vote; that he did ask staff to look for cuts that could be made; that the wastewater treatment plant issue came up, but no cuts were offered; that he has suggested ideas to incur revenue, but those ideas were turned dawn; and that hie is uncertain why at this point he would be asked what to do. Council Minutes 06-21-00,Page 10 ' Councilmember Reller-Spurgin stated that all votes are not 4 to 1; that workshops and study sessions have been held to discuss the budget; that this has been a long process; that negotiations have not yet been concluded; and that while she respects Councilmember Jones position, the votes are not all 4 to 1. Councilmember Hodges questioned if the budget must be passed by June 30. City Attorney stated that it has happened that budget passing does not get accomplished on time; but that the City makes every effort to get it done. Councilmember Hodges stated that since her tenure on the Council the budget does get passed in a timely fashion; that there may be some contracts that need final negotiations; that those negotiations could take a lengthy time, but the settlements will come in the future. Assistant City Manager stated that the reason for the quarterly review is not only to monitor the spending, but to check the trend of revenues; that if the revenues are not meeting projections, then there is time to make adjustments; that the Finance Director does have a history of conservative projects; and that the budget maintains a high priority with staff. Councilmember Oden stated the reason for enacting the quarterly review was to allow adjustments during the year; that right now the Council is examining the structure of the budget; that as new things are learned, the Council has the opportunity to change items within the budget; and added that the tracking process is in place. Councilmember Hodges stated that at one time the budget was examined line by line; that no one will be totally pleased with each item in the budget; that the Council is to examine the overall package; that the big picture needs to be evaluated to move the City forward; that with the quarterly review the Council is kept abreast of any problems that may arise; that a process has been set to allow the Council to stay on top of matters, and that at this point the City is well prepared to move ahead on the overall package. Mayor requested the allocation position changes made in late 1999 be separated for vote. Assistant City Manager stated that a resolution had been prepared with those position separately listed; that there were some changes made to the allocated position plan; that those changes did need to come to Council for final approval; that the position changes were determined to be warranted; that many of the job duties changed; that responsibilities were changed; that some of the changes were due to the meet and confer process; that the process for amending the Plan was followed, except final approval is needed by the City Council and added that an internal control system is now in place to monitor all employee allocations. I � Council Minutes 06-21-00,Page 11 Mayor Kleindienst stated that these actions all happened in October and , November of 1999; that the fashion in which it was handled is not in the procedures; that on one indicated to the Council that these changes were made; that the changes equaled $50,000; that he is uncomfortable that the situation occurred; that it is not clear how it happened; that there was no authority for the situation to happen; that the situation occurred in the blind; that no light was cast on this; that it took awhile to get there; and that the situation that occurred is greater than just the action before the Council. Councilmember Jones concurred with the Mayor and added that i:he passage of the resolution is the best and least painful way to resolve the matter. Councilmember Oden stated that this is disturbing; that the action should have been taken to the Council; but that the City Manager acted in what he thought was the best manner; that the City Manager has not been communicated with; that the situation should have been discussed with the City Manager; that out of respect to all that the City Manager accomplished on behalf of the City, the communication was due him; and that in his opinion this is not the right way to present this matter. Councilmember Reller-Spurgin concurred with the Mayor and added that her denial had nothing to do with the people the action affected, and added at times integrity can be painful. Councilmember Hodges stated that she concurred with Councilrember Oden; ' that this was not appropriate to bring up; that all the facts were not established; that there is a new City Manager in place; that the direction has been given, and the situation will not occur again; that it is unwarranted to place the employees or the former City Manager in this situation. Resolution 19816 approving 1999 allocated positions was presented; after which, it was moved by Jones, seconded by Hodges and carried by the following vote that R19816 be adopted. AYES: Hodges, Jones and Oden NO: Reller-Spurgin and Kleindienst. Resolution 19817 approving the budget, as recommended was presented; after which, it was moved by Oden, seconded by Hodges, and carried by the following, vote that R19817 be adopted. AYES: Hodges, Oden and Kleindienst NO: Jones and Reller-Spurgin. /-23 Council Minutes 06-21-00, Page 12 25. WASTEWATER TREATMENT CITY SERVICES DIRECT CHARGES Recommendation: That the Council approve a direct charge contract between the Wastewater Treatment Plant Fund and the City of Palm Springs. A4236. Assistant City Manager-Special Projects reviewed the staff report and added that each department will need to track costs incurred. Councilmember Jones questioned if there were any other like contracts in place with other departments. Assistant City Manager-Special Projects stated that there are others within the City such as the airport and police department, and the airport and fire department. Councilmember Jones questioned if there was a usual and customary 20% overhead charge. Assistant City Manager-Special Projects stated that all enterprise funds pay overhead; that the 20% is designed to cover that overhead. Councilmember Jones requested a copy of the monthly billing for the expenses billed to the wastewater treatment plant fund. Minute Order 6644 as recommended was presented; after which, it was moved by Hodges, seconded by Reller-Spurgin, and unanimously carried that M06644 be adopted. 26. HERITAGE TRAIL-DESERT WATER AGENCY RELOCATE WATER FACILITIES Recommendation: That the Council approve an agreement with Desert Water Agency (DWA) for the costs of relocating water facilities for $25,000, CP93-49. A4237. City Engineer reviewed the staff report and requested the City attorney prepare the agreement. Councilmember Jones stated that the estimate from DWA is $85,000; that the City is approving $25,000; and questioned if grants would reimburse the difference. I� Council Minutes 06-21-00,Page 13 City Engineer stated that staff feels that the estimate by DWA may be somewhat , high; that DWA did use an old estimate, and that staff believes the $25,000 figure; may best represent the costs that will occur; and that the City Attorney will draft an agreement between both entities that will outline the work to be: done and the; casts. Councilmember Jones questioned if DWA had been contacted with the; discrepancy in estimates. City Engineer stated that the costs have been mentioned; that the $85,000 did not include a breakdown of services, just a number was provided; that the $25,000 is a much closer estimate for the work that needs to be done. Minute Order 6645 as recommended was presented; after which, it was moved by Reller-Spurgin, seconded by Hodges, and unanimously carried that MO6645 be adopted. 27. MUNICIPAL CODE FOR SECOND READING (Intro 6-14-00) City Clerk read Title of Ordinance 1586 as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.04.020 AND 2.04.021 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE COMPENSATION OF THE MAYOR ' AND CITY COUNCILMEMBERS after which, it was moved by Reller-Spurgin, seconded by Hodges and unanimously carried that further reading be waived; and it was moved by Reller- Spurgin, seconded by Hodges and carried by the following vote that 01586 be adopted. AYES: Hodges, Oden and Kleindienst NO: Jones and Reller-Spurgin. Councilmember Oden stated that clarification was needed whetheu someone that moves a motion can then vote in denial. City Attorney stated that anyone can make a motion, which cuts off debate; and that it is not an improper procedure. 1 ADDITIONAL LEGISLATIVE ITEMS: None. ADDED STARTERS: None. REPORTS & REQUESTS: Council Minutes 06-21-00, Page 14 ' 28. DEPARTMENTAL report or requests: PUBLIC NUISANCE ABATEMENT PROCEEDINGS &ACCOUNTING REPORTS a) RECEIVED and FILED: Public Nuisance Abatement Proceedings & Accounting Reports for 41 public nuisances, citywide. City Clerk to set hearing date for July 19, 2000. b) RECEIVED and FILED: Treasurer's Investment Report-April 30, 2000 CITY COUNCIL reports or requests - None PUBLIC reports or requests - None STAFF reports or requests - None ADJOURNMENT: There being no further business, Mayor declared tthe meeting adjourned. CP&TRICIXA. SANDERS City Clerk 1